HEDBERG v. WAKAMATSU

SJC-12624.

482 Mass. 613 (2019)

LESLIE HEDBERG & another v. MAY WAKAMATSU.

Supreme Judicial Court of Massachusetts, Suffolk.

July 11, 2019.


Attorney(s) appearing for the Case

Patrick T. Jones ( Richard W. Paterniti also present) for the plaintiffs.

Brian H. Sullivan ( Rebecca A. Cobbs also present) for the defendant.

The following submitted briefs for amici curiae:

Thomas J. Carey, Jr. , for Mark S. Brodin & another.

Elise Sanguinetti , of California, Jeffrey R. White , of Connecticut, Amy Brogioli , of Illinois, Thomas R. Murphy , Kevin J. Powers , & Elizabeth N. Mulvey for American Association for Justice & another.

Chad P. Brouillard & Emily A. Chadbourne for Massachusetts Defense Lawyers Association.

Present: GANTS, C.J., LENK, GAZIANO, LOWY, BUDD, CYPHER, & KAFKER, JJ.


In this medical malpractice action for injuries arising after surgery, judgment entered for the defendant following a jury trial. Central to the plaintiffs' appeal are out-of-court statements made by a medical student who participated in the surgery. The trial judge held that the statements could not be entered in evidence as statements...

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